AOS Filed EAD/AP Pending- H4 Renewal Pending - Need to travel to India

[amkrishna]

I have recentely filed AOS - EAD/AP for myself and my wife, we are still waiting for the receipt notice.

My H1 visa expired end of OCt 2020, and new I-797 has been approved and valid till 2023.

My wife's H4 vis expired end of Oct 2020, but the extention is still pending.

My wife need to travel to india urgently for family reasons. 

We want to know if it is fine for her to travel out of country now with pending AOS.

On murthy.com I found this regarding travel for H1/H4 and want to clarify if that applies to US : 

"

Historically, Policy for Travel with Pending I-485 also Applied to Travel with Pending I-131

Generally, if an applicant for adjustment of status (form I-485) departs the U.S. while the application is still pending, the I-485 is considered abandoned and is denied. However, if the I-485 applicant is in valid L-1, L-2, H1B, H-4, K-3, K-4, or V nonimmigrant status, and remains eligible for that status upon returning to the U.S., the I-485 application is not considered to be abandoned"

 

Question: Given my wife's H4 visa expired and the extension is still not approved, is she considered to be in "Valid H4" status ?

[pontevecchio]

Valid H4 status only applies when she is in the USA. Since she is eligible for H4 status, she can return with an H4 visa and your H1 petition approval.